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Motor Vehicle Safety Act (S.C. 1993, c. 16)

Act current to 2021-03-23 and last amended on 2020-02-04. Previous Versions

Inspection (continued)

Marginal note:Production of documents, information or electronic data

 An inspector may, for a purpose related to verifying compliance with this Act, order a person, in writing, to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or electronic data specified by the inspector.

  • 2018, c. 2, s. 14

Marginal note:False statements

 No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector who is engaged in carrying out his or her functions.

  • 1993, c. 16, s. 16
  • 2018, c. 2, s. 14

Consent Agreement

Marginal note:Consent agreement

  •  (1) The Minister may enter into a consent agreement with any corporation, company or individual that has contravened the Act or its regulations, or that the Minister believes has contravened the Act or its regulations.

  • Marginal note:Contents of agreement

    (2) A consent agreement may include any term or condition, including the payment of an amount by a corporation, company or individual that may be different from the amount determined under this Act for the contravention.

  • Marginal note:Filing and registration of agreement

    (3) A consent agreement shall be filed with the Federal Court for registration as soon as feasible. The consent agreement is deemed to be an order of the court and is enforceable in the same manner.

  • Marginal note:Effect of registration

    (4) On registration of a consent agreement, any proceedings commenced in relation to a contravention that gave rise to the agreement are terminated and no further proceedings under this Act shall be taken against the corporation, company or individual with respect to the contravention.

  • Marginal note:Amendment

    (5) The Minister and any party to the consent agreement may modify its terms at the request of either at any time and the amended agreement replaces the original agreement and must be filed and registered accordingly.

  • Marginal note:Publication

    (6) On registration, the Minister shall cause each consent agreement to be published through the Internet or by any other means that the Minister considers appropriate.

  • 2018, c. 2, s. 14

Offences and Punishment

Marginal note:Offence and punishment

  •  (1) Every corporation or company that contravenes this Act, the regulations or an order

    • (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $200,000; or

    • (b) is guilty of an indictable offence and is liable to a fine of not more than $2 million.

  • Marginal note:Offence and punishment

    (2) Every individual who contravenes this Act, the regulations or an order

    • (a) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $4,000 or to imprisonment for a term of not more than six months, or to both; or

    • (b) is guilty of an indictable offence and is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than two years, or to both.

  • Marginal note:Continuing offence

    (2.1) An offence that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued.

  • Marginal note:Defence where more than one manufacturer

    (3) In a prosecution for a contravention of section 4 or subsection 5(1) by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another person engaged in the manufacture of the vehicle.

  • Marginal note:Due diligence defence

    (4) In a prosecution for a contravention of section 16, a person is not to be found guilty of an offence under subsection (1) or (2) if they establish that they exercised all due diligence to prevent the commission of the offence.

  • 1993, c. 16, s. 17
  • 2011, c. 24, s. 186
  • 2014, c. 20, s. 227
  • 2018, c. 2, s. 16

Marginal note:Offence by employee or agent

  •  (1) In a prosecution under this Act, it is sufficient proof of an offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

  • Marginal note:Time limit

    (2) A prosecution by way of summary conviction under this Act may not be instituted later than two years after the time when the subject-matter of the prosecution arose.

  • Marginal note:Venue

    (3) A prosecution under this Act may be instituted, tried and determined by a court in any territorial jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose.

Marginal note:Evidence

  •  (1) In a prosecution under this Act, evidence that a vehicle or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles or equipment is, in the absence of evidence to the contrary, proof that the vehicle or equipment was manufactured, imported or sold, as the case may be, by that company.

  • Marginal note:Idem

    (2) In a prosecution under this Act, evidence that a vehicle or equipment bearing a national safety mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national safety mark was affixed by the company.

Forfeiture

Marginal note:Forfeiture — conviction for offence

  •  (1) If a person is convicted of an offence under this Act, the court may order that a seized vehicle, equipment or component by means of or in relation to which the offence was committed be forfeited to Her Majesty in right of Canada.

  • Marginal note:Disposal

    (2) A seized vehicle, equipment or component that is forfeited may be stored and disposed of at the expense of its owner or the person who was entitled to possess it at the time of its seizure.

  • 2018, c. 2, s. 17

Marginal note:Forfeiture — on consent

 If the owner of a seized vehicle, equipment or component consents to its forfeiture, the seized vehicle, equipment or component is forfeited to Her Majesty in right of Canada and may be stored and disposed of at the owner’s expense.

  • 2018, c. 2, s. 17

Research, Analysis, Testing and Fees

Marginal note:Powers of Minister

  •  (1) The Minister may

    • (a) conduct any research, studies, evaluations and analyses that the Minister considers necessary for the administration and enforcement of this Act;

    • (b) undertake research and development programs for the study of the impact of vehicles, drivers of vehicles, and streets and highways on road safety, energy conservation and the environment and for the promotion of measures to control that impact;

    • (c) establish and operate facilities for the testing of vehicles, equipment and components, and acquire test equipment for that purpose;

    • (d) make the facilities referred to in paragraph (c) and all related materials, parts and services available to any person;

    • (e) collect any information related to vehicles or equipment that the Minister considers to be in the public interest; and

    • (f) publish or otherwise disseminate any information, other than personal information, relating to the activities of the Minister under this section.

  • Marginal note:Personal information

    (1.1) For the purposes of paragraphs (1)(a), (b) and (e), the Minister may collect personal information, as defined in section 3 of the Privacy Act, including personal information from third parties.

  • Marginal note:Fees and prices to be charged

    (2) The Minister may, by order, determine or establish the manner of determining a fee to be charged for any facility or service made available to any person under paragraph (1)(d), the price to be charged for any material or part referred to in that paragraph, and the terms of payment of fees and prices so charged.

  • Marginal note:Application of charges

    (3) Any amount charged pursuant to subsection (2) may be applied against the cost of making facilities, materials, parts and services available to persons under paragraph (1)(d).

  • Marginal note:Recovery of charges

    (4) Any amount charged pursuant to subsection (2) may be recovered as a debt due to Her Majesty in the Federal Court.

  • 1993, c. 16, s. 20
  • 2014, c. 20, s. 229
 
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